The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-11-02
CARRIED INTO COURT.
Massachusetts Justices to Review
the Andover Case.
Counsel for Professor Egbert C..
Smyth File His Appeal
From the Action of the Board Of
Visitors.

BOSTON, Nov. In the Supreme Court to-
day, for Essex county, sitting however in
Boston, Hon. Charles Theodore Russell,
counsel for Prof. Egbert G. Smyth, of the
Andover Theological Seminary, said that he
wished to enter the appeal of Prof. Smyth
to the finding of the Board of Visitors of
that institution, as recently rendered, and
also ask for writ of certiorari to compel
the Visitors to file their report before Dec. 1.
After Mr.. RusselPs remarks, he consulted
for moment with Judge French, who is of
counsel for the Visitors, and it was then
stated that by agreement between counsel
the report on record would be filed by Dec. 1.
Chief Justice Morton then said that after
the report was filed he would meet counsel
and arrange time for hearing the case. The
appeal, under the statute founding the semi
nary, must be argued before the full bench
Of the Supreme Judicial Court sitting at law
for the county of Essex. The hearing will
probably take place some time in January.
The documents filed in Prof. Smyth's be-
half are as follows.
Commonwealth of Massachusetts-To the Hon.
orable, the Supreme Judicial Court, to be holden
within and for the county of Essex, in said Com
monwealth, respectfully represents Egbert c.
ecclesiastical history in the Theological Institu-
tion In Phillips Academy in Andoyer; that. there
oTe 1sss 70 W.T. ,, on or ABOUT the 2sd day Of July
phear, and j. j. Blaisdell exhibited and made be-
fore the Visitors in SAID theological institution
pSi with william sasr j. fucker @ ". C6ureh Il % Georgs G
Harris and Edward Y. Hincks, In which they set
forth certain charges and offences against this
respondent jointly with said Tucker, Churchill,
Harris and Hincks, as will all appear more fully
in the record of said Visitors in this said case
and to which record said smyth Graves leave to
refer for specific statement OF said charges;
that the said Visitors thereupon proceeded to
take Jurisdiction OF and to act upon said COM
plant, and cited this respondent to appear before
them and answer thereto; that your petitioner
appeared before said Board and made his objec-
ton and answer to said complaint. and thereupon
thereafter what purp0rted to be an amended COM
plant was filed against your petitioner,
before said Board Of Rstors as viii ali more
fully appear by said record hereinbefore referred
70 when produced; that nc. further proceedings
thereafter had upon said amended complaint, and
your petitioner appeared and answered thereto
IN said case q decree or judgment in the words
following. Here follows the decree dismissing
was announced and communicated in writing to
your petitioner by said Visitors on June 18th,
sd as sss T M o y the 5o in
duced; that in all their proceedings in said case
the said Visitors acted contrary to the statutes of
the founders of said institution, and exceeded
the limit of their Jurisdiction, as the petitioner
AYERS will appear by said record; that your petit
toner Is party aggrieved by said proceedings,
acts, order and decree of said Visitors and that
he has appealed from their said Judgment and de-
cree to the Supreme Judicial Court, to be holden
within and for the County of Essex, under the
provisions of section Of an act entitled "An act
in addition to act to incorporate the trustees of
Phillips Academy in Andover," and the several
acts In addition thereto passed ON Jan. II, 1924,
and that he has filed his said appeal with said
visitors. The text of the appeal is here given.1
And the said Egbert G. Smyth further repre-
SentS that he has requested said Visitors to
furnish him duly certified record of all and
every OF their proceedings, orders. judgments or
DEGREES in said case, and all things pertaining
thereto, but that they have not complied with his
said request. Wherefore he, the said Egbert c.
Smyth, now comes and enters in due course in
this honorable court his said appeal, and he prays
that your h0nors will grant unto him writ of
certioran directed to the said Visitors in the
theological institution in Phillips Academy in
Andover commanding that each and all the said
proceedings, orders and Judgments with all
things touching the same, be sent before this
court, duly certified by said Visitors, to the end
that said record, proceedings, judgments, orders
and DEGREES of said Visitors as Aforesaid may be
before this court and that they may declare null
and void such decree, sentence or judgment of
said Visitors against him in this case is in said
statute provided, and that this court may cause to
be done what is right and according to law ought
to be done.
(Signed) EGBERT c. SMYTH.